Law, Policy, Expertise: Hallmarks of Effective Judicial Review in EU Competition Law

(2022) 24 Cambridge Yearbook of European Legal Studies 143

26 Pages Posted: 22 Sep 2022 Last revised: 15 May 2023

Date Written: September 5, 2022

Abstract

This article discusses the techniques – ‘hallmarks’ – that the EU courts have developed to ensure that judicial review remains effective in EU competition law. These hallmarks can be grouped into three main categories. Some of them concern the interpretation of substantive law, namely the definition of legal tests and their consistent use over time. Some, the need for administrative action to rely on the best available evidence (which comprises both reliance on the expert consensus and the careful examination of the economic and legal context). A third category relates to the scrutiny exercised over the policy statements through which the European Commission chooses to constrain its discretion.

Keywords: Competition law, Judicial review, Policy, Discretion, Expertise.

JEL Classification: K21, L14, L24, L41, L42

Suggested Citation

Ibáñez Colomo, Pablo, Law, Policy, Expertise: Hallmarks of Effective Judicial Review in EU Competition Law (September 5, 2022). (2022) 24 Cambridge Yearbook of European Legal Studies 143 , Available at SSRN: https://ssrn.com/abstract=4210327 or http://dx.doi.org/10.2139/ssrn.4210327

Pablo Ibáñez Colomo (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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